Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-06-17
INTER STATE COMMERCE.

|A=A-E-E A
Washington, June 15-The inter-sta
commission rendered tonight the ex-
|pected decision upon the fourth section
of the Interstate commerce act. The
decision 10 very long. comprising more
than 5000 words. The commission
after mature considerations, is satisfied
the statute does not require it prescribed
IN every instance or exceptional case,
and grant Its order for relief before the
carrier ia at liberty in iss tariffs to de-
part from the general rule. The carrier
must Judge Tor itself what are substan-
italy similar circumstances and condi-
tons which preclude q special rate, re-
bate or drawback, which is made unlaw-
full aincs no tribunal ia empowered to
Judge for il until after the carrier has
acted, and then only for the purpose of
determining whether it's action consti-
tutes 9 violation II law. The carrier
Judges on the peril of consequences, out
the special rate etc., which it grants,
is not Illegal whom it lures oat the
circumstances and conditions ars not
such as to forbid it. The commission
will not undertake to decide in advance
what does and does not constitute dis
elimination under substantially similar
circumstances and eonditicna,n bus
will faave the railroads to act
upon their OWE Judgment, subject
to accountability before tins commission
and courts. Fox the guidance, how
ever, OF railroad companies the commits
sion has considered at great length
nearly all the questions raised under
the fourth section OF the law, and has
&c OhdH tho +. OnpnNI.rr 49, aE /. .Es
summarized aB follows:
l. Prohibition in the fourth section
against greater charge for q Shorter than
for o longer distance over the same line,
In the same direction, the Bhorter being
included within the logger distance as
qualified therein, limited to cases in
which circumstances and copditions are
substantially similar.
Z. The phrase under substantially
similar circumstances and condltions''
in the fourth section, used In the same
sense as In the second section !; and I'M
der the qualified form OF prohibition in
the fourth section carriers are required TO
Judge in the first instance with regard
20 the similarity or dissimilarity OF
circumstances and conditions that for
bid or permit a greater charge for q
shorter distance.
8. The ind0mant Of carr;aya in reanaot
| to circumstances and conditions - nnt
final. bnt subieet "a the authority e tha
commission and courts.
4. The nroyisiona ~ section "a
curing charges be- reasonable and OF san.
ton Q. iorbiddinp nniusk discriminaf;nn
| to apply when axsantional oharres ara
J made. nnder aection 4. as thew A in
| other cases
s.. The exiatence OF actual comnaki-
ton which ia 81 Controlling force In
respect to traffic 1mnortant Ia amonnt
NAV make ont d;ssimilar "Reminiscences
and conditiops entitlinr Che carrier e.
charge less far q LONGER than for 4 shorter
haul over the same me in The aama dir.
cotton the shorter being includHd IN The
longer. ID tie followinc oases. F,rst'
! when comnetition with carriers Nv water
! which ara not ambient "a tas nrnvisinna
Of the statnte: second. when in enmnati-
t1on with fnrai0n ar othar ra;Irpnd.
which M not enbieet "a Che nrov;sions
OF the statuta: third in rare and necniiss
caseD compekit1on betwaeu railrnada
! which are subject to the statute when
| strict arrl;catson ~ tha oanaraI vria "a
the statute would be- d%estruative a eom.
petition.
The commission further decides that
Mlsn : Easpssa una.ke y sIe aggregaIe
senaers or like kind 81 Enronarty tn !
shorter than for . longer distance over
the same line IN the same direction. the